West Covina Municipal Code § 12-20 Placement of receptacles

Footnotes:

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Editor's note— Sections 2 and 3 of Ord. No. 1883, adopted June 24, 1991, amended § 12-16; § 4 amended § 12-17(a) and the third paragraph of subsection (d); and § 5 purported to amend § 12-18, but in actuality it amended the entire article, §§ 12-16—12-27.

Bin/rolloff: "Bin/rolloff" means those commercial bins or containers for the temporary accumulation of solid waste resulting from temporary activities on any premises, including but not limited to waste from the demolition or construction of a building.

Collection: "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal."

Container: Any vessel, can or receptacle used for collecting solid wastes for removal, whether owned by the collection agency, property owner or tenant.

Ordinary household garbage: "Ordinary household garbage" means all animal and vegetable waste that has resulted from the preparation of food. "Ordinary household garbage" also means all trash, combustible waste, and inorganic refuse, both combustible and noncombustible, that accompany routine household or property maintenance functions.

Recyclable material: "Recyclable material" means glass, newspaper, aluminum, and such other reusable materials as the city council may designate by resolution, sorted and otherwise prepared as required under rules established by council resolution.

Removal: "Removal" means the act of taking solid wastes, recyclables, compostables or yard wastes from the place of generation by an approved collection agent or by a person in control of the premises.

Solid waste or wastes: "Solid waste" or "wastes" include all putrescible and nonputrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, but excludes:

(1) Sewage collected and treated in a municipal or regional sewerage system; or

(2) Recyclable material, compostables or yard waste or other materials or substances which have been salvaged for reuse or resale.

(3) Hazardous refuse, including household hazardous wastes and any compound, mixture, substance or article defined as hazardous under state or federal law or which if improperly used, handled, transplanted, processed or stored may constitute a hazard to health or cause property damage or contamination or which is explosive, flammable, poisonous, corrosive, radioactive or otherwise harmful to the environment.

Temporary bin/rolloff service: "Temporary bin/rolloff service" means "on call" solid waste handling services provided on an as needed and temporary basis by use of temporarily placed bins/rolloff.

Yard waste: "Yard waste" means all leaves, grass, cuttings, and shrubs that accompany routine household or property maintenance functions.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1655, § 3, 12-10-84; Ord. No. 1883, §§ 2, 3, 5, 6-24-91; Ord. No. 2195, § 1, 8-18-09)

(a) The city shall provide the service of collecting waste and recyclable material within the city, either through its own employees or through an entity under exclusive franchise with the city. So long as the city provides such service either through its own employees or by exclusive franchise, it shall be unlawful for any person to engage in the business of collecting solid waste or recyclable material within the city unless such person has a valid contract with the city to do so.

(b) The collector awarded a franchise or contract by the city is required to comply with all local government licenses, permits, or written approval requirements applicable to the city or county as well as with any and all state or federal requirements for the collection and removal of recyclable material, hazardous waste or yard waste.

No waste collector permits or city-granted exclusive franchise shall be required for the removal of vegetative cuttings, other solid waste not containing garbage, or manure to a legal place of disposal as a part of gardening or horticulture or for composting.

In accordance with state regulations, the following items are required before a franchise or contract shall be awarded by the city:

(1) The filing of a faithful performance bond with the city.

(2) Evidence that the collector has experience sufficient to meet the needs of the customers within the jurisdiction.

(3) Acquisition of a permit for waste collection from the County of Los Angeles. Application and annual operating fees for the permit shall be as required by the County of Los Angeles and as adopted from time to time by resolution by the city council.

(c) It shall be unlawful for any occupant or person in possession, charge or control of any residential premises within the city from which ordinary household garbage is created, accumulated or produced to fail to subscribe for the collection service provided by the city. However, when the residential premises are vacant for at least one (1) month, no subscription will be mandatory during the period of vacancy. Further, when the joint or multiple use of garbage containers is provided on the residential premises, it shall be unlawful for the person in possession, charge or control of such containers to fail to subscribe to the city's collection service.

(d) It shall be unlawful for any occupant and/or any contractor doing business on any premises or any person in possession, charge, or control of any nonresidential premises within the city to subscribe for collection of solid waste, recyclable material or yard waste with anyone other than an approved collection agent.

(e) It is the duty of the approved collection agent to collect all solid waste, recyclable material or yard waste from premises within the city that subscribe for such service.

(f) Impounding and fining of unlawful bin/rolloff.

(1) Any bin/rolloff used for storage or transport of solid waste and/or recyclable material, the placement or use of which violates section 12.17(a) of this Code, for purposes of this section, is deemed an "unlawful bin/rolloff". The unlawful bin/rolloff may be removed from any premises in the city, impounded, and fines be issued pursuant to the provisions of this section. In the event the unlawful bin/rolloff has contents, such contents may be impounded along with the unlawful bin/rolloff.

(2) The public works director or his/her designee may remove and impound any unlawful bin/rolloff, and any contents thereof, which is located in the public right of way or on any city-owned property pursuant to the provisions of this section. Prior to removing an unlawful bin/rolloff, the public works director or his/her designee shall give notice to the owner of the bin/rolloff, identifying that the bin/rolloff is in violation of this section, and stating that if the bin/rolloff is not removed within two (2) hours, it will be removed and impounded by the city together with any contents, which may thereafter be processed and disposed of as set forth in this section. The notice shall be given by posting on the bin/rolloff, and by telephone, if a telephone number is displayed on the bin/rolloff. Notwithstanding the foregoing, if such a notice has been given at any prior time to the person identified on the bin/rolloff, such person shall be deemed to have had notice of the requirements of this section and no further notice need be given prior to impoundment of an unlawful bin/rolloff which has similar identification on it. If the unlawful bin/rolloff is not removed from the city-owned property or right of way within two (2) hours, it will be impounded, together with the contents thereof. Upon impoundment, the public works director or his/her designee shall issue a monetary fine pursuant to the provisions of this section.

Upon being so removed, impoundment shall be pursuant to subsections (4) and (5) of this section. Upon being so fined, the fine structure shall be pursuant to subsections (6), (7) and (8) of this section.

(3) Any unlawful bin/rolloff located on a property not owned by the city is hereby declared to be a nuisance and is subject to removal, impoundment, and monetary fine pursuant to the provisions of this section. Prior to removing an unlawful bin/rolloff, the public works director or his/her designee shall give notice to the owner of the bin/rolloff or the property owner on which the bin/rolloff is situated, identifying that the bin/rolloff is in violation of this section, and stating that if the bin/rolloff is not removed within twenty-four (24) hours, it will be removed and impounded by the city together with any contents, which may thereafter be processed and disposed of as set forth in this section. The notice shall be given by posting on the bin/rolloff or in a conspicuous place on the property, and by telephone, if a telephone number is displayed on the bin/rolloff. Notwithstanding the foregoing, if such a notice has been given at any prior time to the person identified on the bin/rolloff, such person shall be deemed to have had notice of the requirements of this section and no further notice need be given prior to impoundment of an unlawful bin/rolloff which has similar identification on it. If the unlawful bin/rolloff is not removed from such property within twenty-four (24) hours, it will be impounded, together with the contents thereof. Upon impoundment, the public works director or his/her designee shall issue a monetary fine pursuant to the provisions of this section.

Upon being so removed, impoundment shall be pursuant to subsections (4) and (5) of this section. Upon being so fined, the fine structure shall be pursuant to subsections (6), (7) and (8) of this section.

(4) The public works director or his/her designee shall retain an impounded bin/rolloff for a period of not less than thirty (30) days, but may process and dispose of the contents of an impounded bin/rolloff at any time following impoundment if he/she determines such processing and disposal is necessary to comply with the diversion requirements of the California Waste Management Act of 1989 (AB 939) or to preserve the public health, safety, or welfare.

(5) Within two (2) business days after removal of an unlawful bin/rolloff, the public works director or his/her designee shall mail written notice to the owner of the bin/rolloff service, if an address can be ascertained from information on the bin/rolloff itself, or to the owner of the property from which the bin/rolloff was removed, if removed from private property and the owner of the bin/rolloff cannot otherwise be ascertained. Such notice shall advise that the bin/rolloff has been removed by the city, and if not redeemed within thirty (30) days by the owner thereof, and all applicable charges paid, may be disposed of by the city in any manner which the city deems appropriate.

(6) Upon establishment of a violation, the public works director or his/her designee shall deliver or mail a written citation to the owner of the bin/rolloff service, if an address can be ascertained from information on the bin/rolloff itself, or to the owner of the property on which the bin/rolloff was placed.

(7) Each violation is determined to be an infraction and is punishable by a fine as specified by subsection (8).

(8) The impound fine shall be $500.00 for the first offense and $1,000.00 for the second and each successive offense thereafter. In order to retrieve the impounded bin/rolloff, the bin/rolloff owner shall pay all related cost for towing, storage, and content disposal, pursuant the diversion requirements of the California Waste Management Act of 1989 (AB 939), to the storage yard.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1655, § 4, 12-10-84; Ord. No. 1673, § 2, 5-14-85; Ord. No. 1883, §§ 4, 5, 6-24-91; Ord. No. 2195, § 2, 8-18-09)

Residential, industrial and commercial waste and recyclable material shall be collected at least once weekly. Yard waste shall be collected on the same schedule or as determined to be necessary by the city and the approved collection agent.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1883, § 5, 6-24-91)

Solid waste, recyclable material or yard waste shall not be collected prior to 6:00 a.m. nor after 8:00 p.m. on any day.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1883, § 5, 6-24-91)

(a) Residential. No person shall place any solid waste or recyclable material or yard waste or any container containing such material at any place of collection before 5:00 p.m. of the day preceding its scheduled collection, or leave any such container at the place of collection after 8:00 p.m. on the day of actual collection, or for more than two (2) hours after actual collection, whichever is later. The approved collection agent shall remove all solid waste, recyclable material or yard waste in the manner agreed upon with the affected property owner or in the manner directed by the city. However, in the event that there is no such agreement the authorized collection agent shall remove all solid waste, recyclable material or yard waste from the curb along the street in front of each dwelling or other building or from the paved alley only if the solid waste is deposited at the rear property line. On streets without curbs, containers shall be placed in the parkway but not in the flowline.

(b) Industrial, commercial and multiple dwelling. Industrial, commercial and multiple dwelling residential solid waste containers or containers for recyclable material or yard waste installed outdoors shall be screened and located in compliance with city zoning regulations.

(c) Collection from alleys. An approved collection agent shall not be required to collect from an unpaved area at the rear of property or from:

(1) A blind alley:

(2) An alley less than fifteen (15) feet wide:

(3) An alley which "L" or "T" shaped and not wide enough to be safe for the collection truck to turn without damage to the truck or to the adjacent improvements on private property; or

(4) An alley the surface of which could endanger the safety or convenience operation of the trucks at all seasons of the year.

(d) Public nuisance of containers prohibited. When not placed on public property for collection, solid waste containers shall be kept in an area which is not visible from the public street and which will not be offensive to neighboring property so far as it is reasonably practicable to do so. Recyclable containers and yard waste containers shall be placed in the same manner. Solid waste containers, recyclable containers, and yard waste containers kept in areas adjacent to public alleys shall be exempt from the subsection.

(e) Unlawful container/temporary bin/rolloff possession prohibited. It is unlawful for any person with any ownership interest in real property within the city to permit a receptacle for the collection of solid waste and/or recyclable material to be located on such real property if such receptacle has not been provided by the franchisee.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1883, § 5, 6-24-91; Ord. No. 2068, § 2, 6-19-01; Ord. No. 2195, § 3, 8-18-09)

(a) Solid waste in containers. Waste shall be kept and placed for collection in sturdy containers with tight-fitting lids.

(b) Waste not in containers.

(1) Single bulky items of solid waste or items not in containers shall be collected provided that no item exceeds three (3) feet in length and one (1) foot in diameter, or weighs over fifty (50) pounds.

(2) Solid waste or yard waste in bundles shall be collected provided that each bundle is tied and does not exceed three (3) feet in length and one (1) foot in diameter, or weight over fifty (50) pounds.

(3) Bulky household items such as stoves, refrigerators, furniture, water heaters and similar material shall be collected according to the collection policies of the waste collector for such items.

(4) Cardboard or empty cardboard boxes shall be collected and not returned to property owners or tenants.

(5) Magazines shall be securely tied in bundles if not placed in containers.

(6) Fluorescent lamp tubes must be broken prior to pickup.

(c) Recyclables in containers. All recyclable materials shall be placed in containers provided specifically for that purpose. In the event that such containers are filled, additional recyclable material may be placed adjacent to the recycling container in another container, bag or box.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1655, §§ 5, 6, 12-10-84; Ord. No. 1883, § 5, 6-24-91)

Solid wastes and yard wastes subject to collection by the approved collection agent shall become the property of that agent. Recyclable materials when placed for collection by city shall become the property of the city once placed for collection, and no person other than the employees or contract agent of the city acting within the scope of their agency or employment shall remove such materials once placed for collection; notwithstanding, this section excludes recyclable materials not placed for collection by city which are removed by the person generating the materials or on premises owned and controlled by him or her or pursuant to agreements with nonprofit organizations.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1883, § 5, 6-24-91)

(a) Care of containers. Approved collectors shall replace all containers where found. Containers or lids shall not be deposited in the street or on adjoining property. Collectors shall not in any way break, damage or roughly handle any container.

(b) Replacement of faulty containers. Any solid waste container which leaks and is not watertight shall be replaced by the owner within ten (10) days after notice from the collector, stating the condition of such container. Such notice from the collector shall be made by attaching a tag to the container indicating its defective condition.

(c) Operator responsibility. Where the collection operator furnishes containers, he is responsible for maintaining the containers in good condition, (ordinary) wear and tear excepted, unless they are furnished under other terms, conditions or agreements. He shall plan with the property owner and/or occupant as to placement of such containers to minimize traffic, aesthetic and other problems both on the property and for the general public subject to section 12-20 hereof.

(d) Use of container. No person shall tamper with, modify, remove from or deposit solid wastes or yard waste in any container which has not been provided for his use without the permission of the container owner. No person shall tamper with, modify or remove the container or any recyclable material in any container provided for such purpose by the city or its approved collection agent.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1883, § 5, 6-24-91)

The city shall fix the price to be charged by the collector and to be paid by the recipient of such collection service for all collection of solid waste, recyclables or yard waste within the city, which prices may be established either by resolution of the city council or by contract with the collector.

Should any person fail, refuse or neglect to pay such bill within fifteen (15) days after the same is rendered, the collector may refuse to collect solid waste, recyclables, or yard waste from the premises of such person until such bill is paid.

(Ord. No. 1554, § 2, 7-26-82; Ord. No. 1883, § 5, 6-24-91)

Violations of this article shall be punishable as an infraction in accordance with section 1-37 of the West Covina Municipal Code. Fines for such infractions shall be within the limits established by the West Covina Municipal Code, section 1-37, and shall be set by the city's police department in the bail schedule filed with the appropriate court authorities.

(Ord. No. 1883, § 5, 6-24-91)